Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1887-02-19

scfibed IN the preceding language OF the section.
lie total inability spoken Of must no 'aa.n
inability-that ID. ths inability al feady described
and cC.stituted by the conditions already de-
ualesi ~ the previous parts 81 me section. 1t
! thus becomes imp rtaHt 10 consider the mean
ing and scope Uf those last mentioned cond4-
tions.
II MENTAL PHYSICAL DISABILITY
J spoken ~ has distinct meaning In the practice
J of the pousit II bureau, and iucludS every impair
ment OF bodily or mental strength md yigcr.
For such disabilities there are now paid ll dir
! ferent rates " pension. ranging from 81 90 500
per month. This disability must not be The re-.
suit of the applicants vicious habits or groes
carcleesness.' Practically this provision il not
important. The attempt Of the government to
escape payment of a pension on such q plea
would, OF course, IN q very large majority of in
stances, and regardless of the merits ~ the case.
prove "A failure. There would be that strange
bat nearly universal Willingness TO help the in
dlyIdual as between hin and the public treasury.
which goes very far 10 insure the status Of proof
in favor Of the claimant. The disability of the
applicants must be- such Rs TO 'incapacitate
them for the performance Of labor in such de-
gree az To render them unable 10 earn "A support"
II will be observed that there is
NO LIMITATION OR DEFAMATION OF INCA.
PACITIES,
injury or ailment itself. 1t need only he such
degree of disability from any cause as renders
the claimant unable 10 earn support 10y labor.
II seems 20 me that tho support here men.
toned as one which cannot be earned is com.
piete and entire support, with no diminution
an account of the least impairment of physical
or mental condition. IL il had been intended to
embrace only those who 10y disease or injury
were totally unable to labor, IL would have been
very easy to express that idea instead of recog-
nizing as is done the degree IF such inability.
What is support? Who is to determine whether
"A man earns it or has it not? II the government
TO enter the homes of claimants for pensions,
and after an examination of their surroundings
and circumstances, settle those qnestionsI Shall
the government say Co one man that his manner
Of subsistence by his earnings is support, and to
another that the things his earnings furnish are
not support! Any attempt, however honest, to
ADMINISTER THIS LAW IN SUCH A MANNER
would necessarily produce more u%nfairness and
unjust discrimination and give more scope for
partisan pnrtlAIty. and would result in more
peryersion Of the governments benevolent inten-
tons than the execution OF any statute ought 70
permit. If in the effort To carry out the pro-
posed law the degree of disability a. related to
earnings be considered for the purpose Of dis
covering if, In any way. il ~curtaiis the support
which the applicant, If entirely sound, would
earn, and to which he is entitled. we enter "A
broad field. long occupied by the pension bureau.
and We recognize rs the only difference between
the proposed legislation and previous laws
passed for the benefit Of surviving soldiers of
the clVll war, the lncurrence IN one case of dis1-
blltles IN the military service. and in the other
~ disabilities existing but in no way connected
with or resulting from such service. 1t must be
borne in lAlnd that ia no case Is there any
GRADING or rms PROPOSED PENSION.
Under the operation OF the rule first suggested.
IL thete is a lack III any degree, great or small,
of AFFINITY 10 earn such support Hs the govern
IleAl determines the claimant should have, and
by the Application Of the rule secondly suggested,
n there rs a reduction in any degree Of the sup
port winch D." might earn II sound he is entitled
4 10 a pension OF 81. In the latter case and under
the provision OF tie proposed bill permitting
persons now receiving pensions TO be admitted
% the benefits OF the act, | do not see how those
now ou the pension rolt for disabilities incurred
IA the service, ana which diminish their earning
capacity, can be denied the pension provided in
this bIIL. OF coursc none viii apply who are re-
ceiving $t2 or more per month. But on June SO,
I Ir-h, there were on the pension rolls UJ6 yt DpF-
sons who were
RECEIVING FIFTY-EIGHT DIFFERENT RATES or
PENSION
from 81 to Sti75 per month. or these 28,t42
were receiving 81 per month; - 81 per month;
b3.lib S4 per month; 81 .2j4 50 per month, and So
"a whose disabilities were rated as total rs per
month. As to the meaning OF the section OF the
till under consideration there appears 10 have
been quite q difference of opinion among it's adj
vocatcs In congress. The chairman of the com
mittee on pensions in the house of representa-
tiges. who reported the bill, declared that there
WAS ia II no provision for peneioning any one
who has less disability than total disability To
labor. and that tt was q charity measure. The
chairman OF the committee on pensions in the
senate having charge of the bill in that pody
dissented from the construction Of the bill an
nounced in the house of representatives, and de-
clared that it not only embraced all soldiers to-
tally disabled, bat, IN his Judgment. all who are
disabled To any considerable extent, and such
construction was substantially given TO the bill
by another distinguished senator who, az former
secretary Of the interior, had imposed upon him
the duty Of executing tho pension laws and de-
termining their intent and meaning,
ANOTHER CONDITION REQUIRED or CLAIM
ANTS
under this act is that they are dependent upon
their daily labor for support" This language,
which may be said to assume that there exista
within the reach OF the persons mentioned
labor" or ability in some degree 10 work is
more aptly used in the statute describing those
not wholly deprived Of this ability than in one
which deals with those utterly unable TO work.
| am of the opinion that il may fairly be con-
tended that under the provisions Of this ,ection
any soldier whose facilities of mind or body be-
come impaired by accident, disease or age, ire
spective OF his service IN the army as a cause,
and who by his labor only is left incapable of
gaining n fair support, he might with min
paired powers have provided for himself, and
who is not 80 we'll endowed with this worlds
goods az to live without work. may claim to
participate in its bounty; that il il not required
thai he should be without property, but only that
labor should be necessary To his support in some
degree; nori' it required he should be now re-
ceiving support from others.
Believing tins TO be
THE PROPER INTERPRETATION OF THE BILL
/ cannot bHt romembar that the soldiers Of orr
civil war, IN their paw and bounty, received such
compensation for military service as has never
been received by soldiers before since mankind
first went % war; that never before on behalf of
any soldiers have so many and such geuer us
laws been passed 20 relieve against the Incl
dents Of "ar; that %statGtes have been
passed liYing them preference in all Tublie eu-
ptoympntF: that reilly needy ana homeless union
soldiers of the rebellion have been 20 e large ex-
tent provided Tor at soldiers homes, instituted
and supported hy the government. where they
are maintained together, free from the sense of
degradation which Attachos 10 the usual support
Of charity, and that never before III the history
Of the country mas is been proposed to render
government aid toward the support 81 any of its
soldiers, based alone upon military service so re-
cent. and whore age and circumstances appeared
s9 little 50 demand such aid. Hitherto such re-
lief has been granted - surviving soldiers few
IN number. venerable in ago, Hftcr "A LONG lapse Of
time since q elr military service, and Us = part
ing benefaction rendered by a grateful people. j
cannot believe that the vast peaceful army Of
union soldiers WHO, having cuntentedly resumed
their places in the ordinary ayoCaIione of life.
CHERISHED As A SACRED MEMORY
Of patriotic service. or who, having been disabled
By the casuaities ~ war Justly compose the pres.
emit pension roll, on which appear their pamrs
H- = roll of honor, desire NJ this time, and IN tie
present emergency. TO be COMPOUNDED with those
who, through such % ill as this, ere willing t.
10 the object 81 simple cAarity, and % falL. 2
place urOn the pension roll throut d alleged de-
penacUCe.
Recent personal observation and experience
CoIstraiu me ~ refer 20 au,tueF result Whic,
viii inevitably follow the uahsAga ui this bill
~ is sad. lut nevertheless truc, That already ~
the matter ~ procuring pensions there eNltts
wide bread disregard Of truth and good faith,
stimulated hF those whom, a., accents, under
take 60 establish claims for pensions
ncedlc.-ly emit. rcd upon hy toe cXprcta { beue-
LplaTy ard encouraged. or at iuASt not CON